The Veteran's cervical strain disability is rated at 10 percent prior to March 14, 2018 and at 20 percent from March 14, 2018 until December 15, 2021. Beginning December 15, 2021, the Veteran's cervical strain disability is rated at 30 percent.,The Veteran's right upper extremity radiculopathy associated with cervical strain and degenerative arthritis is currently rated at 20 percent.,The Veteran's tinnitus is rated at 10 percent.,Entitlement to higher ratings for the Veteran's service-connected conditions has been denied.
The deciding factor: The evidence does not show that the Veteran experienced incapacitating episodes requiring bedrest during the relevant appeal period, and thus a rating under the General Rating Formula for Diseases and Injuries of the Spine is appropriate. The Veteran's cervical strain disability was rated at 10 percent prior to March 14, 2018 and at 20 percent from March 14, 2018 until December 15, 2021. Beginning December 15, 2021, the Veteran's cervical strain disability is rated at 30 percent.,The Veteran's right upper extremity radiculopathy associated with cervical strain and degenerative arthritis is currently rated at 20 percent.,The Veteran's tinnitus is rated at 10 percent under Diagnostic Code 6260, which provides a single maximum rating for tinnitus regardless of its severity or frequency. The Veteran has not demonstrated that the rating criteria are inadequate to describe his disability picture.,There is no indication in the VA treatment records, Veteran's statements, or any other documented evidence that an earlier effective date for the 20 percent rating for right upper extremity radiculopathy is warranted.
- Claimed conditions
- Cervical strain, Right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 6, 2023
- Citation
- 23001002
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 23001002.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Whole decision: Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Whole decision: Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
- Whole decision: Granted
The Veteran's service-connected disabilities have been found to be sufficient for a TDIU effective from November 19, 2020. Effective February 27, 2024, the Veteran has already received a 100% rating for PTSD and SMC based on housebound status. The earlier effective dates requested for various service-connected conditions have been granted.
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